Federal Deposit Insurance Corporation v. Gerald D. Cureton Mary L. Cureton Harold W. Hodges and Carrie L. Hodges

MILBURN, Circuit Judge.

Plaintiff Federal Deposit Insurance Corporation (“FDIC”) appeals the summary judgment of the district court dismissing its action against the guarantors of four defaulted promissory notes as time-barred under the Tennessee statute of limitations, Tennessee Code Annotated (“T.C.A.”) § 28-3-109. 1 Because we hold that the Tennessee savings statute, T.C.A. § 28-1-105, upon which plaintiff relies, applies only when the original action is timely pursuant to Tennessee Rule of Civil Procedure (“T.R.C.P.”) 3, we affirm the summary judgment of the district court.

I

This appeal…